Chism defense wants brain MRIs consideredBy Julie Manganis Staff writer | Updated 2 hours ago
DANVERS — In another unexpected move by the defense that could delay the conclusion of the Philip Chism trial, his attorneys this morning tried again to convince a judge to allow jurors to see MRIs of his brain.
The development came during a hearing where the judge and lawyers in the case were scheduled to discuss jury instructions that will be read following closing arguments, which are scheduled — at least for now — tomorrow morning.
Chism, 16, is charged with raping, robbing and killing his Danvers High School math teacher, Colleen Ritzer, 24, of Andover, in October 2013.
Twelve of the 17 jurors who have been hearing evidence in the case since last month had been expected to start deliberations tomorrow afternoon.
But as the hearing got underway in Salem Superior Court, the defense team again raised the issue of whether jurors can see those scans.
Defense lawyer Denise Regan argued that they're relevant because they may explain Chism's performance on tests that indicated he was malingering.
She and her proposed expert witnesses, Ruben Gur and Ted Satterthwaite, who are neuropsychologists at the University of Pennsylvania, contend that some areas of Chism's brain are smaller than average, and that some studies suggest that reduced brain size in those areas correlates with schizophrenia.
But prosecutors argue that it's not an accepted scientific conclusion.
Judge David Lowy had already ruled that Gur was not a credible witness, following a hearing outside the jury's presence last week. The judge said he believes Gur is more of an advocate for his proposed theory on brain size than an expert.
"The problem with Dr. Gur is I don't believe him," said Lowy. "I just don't believe him."
But he left open the question of whether Satterthwaite might still be called -- an issue that he will take up again later this morning or this afternoon.
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